BILL ANALYSIS Ó
AB 350
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CONCURRENCE IN SENATE AMENDMENTS
AB
350 (Alejo)
As Amended August 17, 2016
Majority vote
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|ASSEMBLY: | |(January 25, |SENATE: |27-12 |(August 22, |
| | |2016) | | |2016) |
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(vote not relevant)
Original Committee Reference: E. & R.
SUMMARY: Requires a political subdivision that changes to, or
establishes, district-based elections to hold at least two
public hearings both before and after drawing a preliminary map
or maps of the proposed district boundaries, as specified.
Requires that written notice be provided before an action can be
brought against a political subdivision under the California
Voting Rights Act of 2001 (CVRA).
The Senate amendments delete the Assembly version of this bill,
and instead:
1)Require a political subdivision that changes from an at-large
method of election to a district-based election, or that
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establishes district-based elections, to do all of the
following before adopting the ordinance establishing
district-based elections:
a) Hold at least two public hearings over a period of no
more than 30 days before drawing a draft map or maps of the
proposed boundaries, as specified;
b) After draft map or maps are drawn, publish and make the
draft maps available along with the potential sequence of
elections if the terms of office under the new districts
are to be staggered;
c) Hold at least two additional public hearings after the
release of the draft map or maps, with the first hearing
held no sooner than seven days after the release of the map
or maps, and the second hearing held no more than 45 days
after the first hearing, as specified;
d) Make any revised draft map available to the public for
at least seven days before the map can be adopted; and,
e) Give special consideration to the purposes of the CVRA,
as specified, when determining the sequence of district
elections if the terms of office are to be staggered.
2)Require a prospective plaintiff to send a written notice to a
political subdivision before commencing an action against that
political subdivision under the CVRA, as specified.
a) Prohibit a prospective plaintiff from commencing an
action under the CVRA within 45 days of the written notice
being provided.
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b) Permit a political subdivision, prior to receiving a
written notice or within 45 days after receiving a written
notice, to pass a resolution outlining its intention to
transition to district-based elections, as specified.
Provide that an action to enforce the CVRA may not be
commenced within 90 days of the passage of such a
resolution.
c) Limit the amount that a prospective plaintiff may
recover from a political subdivision that voluntarily
transitions to district-based elections after receiving a
written notice to the lesser of $30,000 or the cost of the
work product generated to support the notice, as specified.
EXISTING LAW requires a political subdivision that changes from
an at-large method of election to a district-based election to
hold at least two public hearings on a proposal to establish the
district boundaries of the political subdivision before a public
hearing at which the governing body of the political subdivision
votes to approve or defeat the proposal.
AS PASSED BY THE ASSEMBLY, this bill expanded the CVRA to allow
challenges to district-based elections to be brought under the
CVRA, as specified.
FISCAL EFFECT: According to the Senate Appropriations
Committee, costs for districts to hold the required public
hearings would be state reimbursable, and statewide costs would
depend on the number of governments changing to district-based
elections. Costs would be minimized to the extent the public
hearings are consolidated with regularly-scheduled meetings of
the governing body. Overall, annual state costs are unknown,
but likely minor.
COMMENTS: According to the author, "Last year, the City of
Anaheim began its transition from at-large city council
elections to district-based elections after a lawsuit by
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American Civil Liberties Union of Southern California and Latino
activists in 2012. In November 2014, the people of Anaheim
approved two ballot measures that would effect this transition.
The first approved district maps provided for two Latino
plurality districts and one majority Latino district.
"In November of 2015, the Anaheim City Council scheduled the
elections for the two Latino plurality districts for 2016, but
scheduled the elections for the only Latino majority district
for 2018. The scheduling of the only Latino majority district
in a midterm election year could have the effect of putting the
elections for a district whose population consists of a majority
of a protected class during a cycle in which turnout is
traditionally decreased.
"AB 350 will require local governments that are transitioning
from at-large to district-based elections under a court order to
hold at least two public hearing before drawing a draft map and
two public hearings after the one or more draft maps are drawn.
"AB 350 will require local governments that are transitioning
from at-large to district-based elections under a court order to
hold at least two public hearing before drawing a draft map and
two public hearings after the one or more draft maps are drawn.
For governments who are willing to transition to district-based
elections, this bill will allow cities to have 90 days to pass a
resolution of intent or an ordinance to transition to
district-based [elections] before any legal action can be taken
by outside parties alleging a violation of the CVRA."
This bill was substantially amended in the Senate and the
Assembly-approved provisions of this bill were deleted. This
bill, as amended in the Senate, is inconsistent with Assembly
actions.
Analysis Prepared by:
AB 350
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Ethan Jones / E. & R. / (916) 319-2094 FN:
0004921